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RATE OF GST FOR SUB CONTRACT OF GOVERNMENT CONTRACT ALLOTED TO CONTRACTOR

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..... RATE OF GST FOR SUB CONTRACT OF GOVERNMENT CONTRACT ALLOTED TO CONTRACTOR
Query (Issue) Started By: - KERAGODEGOPALARAO ANANTHARAO Dated:- 17-12-2021 Last Reply Date:- 27-10-2022 Goods and Services Tax - GST
Got 5 Replies
GST
A contract work of the government is allotted to a contractor, for which the rate of GST is 12%. The contractor has subcontracted the work to the subcontractor. .....

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..... What is the rate of tax for contract work done by the sub-contractor whether 18% or 12%? Reply By KASTURI SETHI: The Reply: Service by sub-contractor to contractor is not supply of service to Govt. Sub-contractor will pay GST @18%. Contractor can take ITC. So it is revenue neutral.However, in the case of construction of affordable apartments, GST Rate is 12%.See FAQs issued vide circular no.35 .....

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..... 4/32/2019-TRU dated 7.5.19. You may study circulars and notifications issued during last two months, if there is any change. Reply By KASTURI SETHI: The Reply: Also read Notification No.1/18-CT(R) dated 25.1.18 amending notification No.11/17-CT (R) dated 28.6.17. Serial No.3(ix) refers. This amended notification allows concessional rate of 12% to sub-contractor with conditions. Reply By Shilpi .....

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..... Jain: The Reply: There are only certain works in respect of which the concessional rate is made applicable to the sub contractor as well. Refer rate entry S. No. 3(ix) and 3(x). Reply By Shilpi Jain: The Reply: Also if you are referring to govt. works, i hope it is works for CG, SG and not relating to Govt. entity or Govt. authority. For services provided to these, the rate of tax is amended .....

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..... from 1.1.2022 Reply By KALLESHAMURTHY MURTHY: The Reply: As per Notification No. 20/2017-Central Tax (Rate) New Delhi, the 22nd August 2017 in Entry Sl. No. 3 (iv)(a), an amendment to the main Notification No. 11/2017 is that "a road, bridge, tunnel, or terminal for road transportation for use by the general public"; referred to the works contract assigned by the Government. There is n .....

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..... o specific mention either for only Government Works irrespective of local bodies or entities. Therefore, for the works procured from the governments, concerned with sub-contractor, the rate of tax is 6%+ 6% as per Notfn. No. 1/2018-Central Tax (Rate) New Delhi, the 25th January, 20181. As per my understanding, the effective date is the date of Notification. Prior to this, the rate of tax is 9%+9%. .....

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..... For more clarity, refer to AAR of Maharashtra in the case of M/s Core Construction (Yatin Manoj Mora) No. GST-ARA- 08/2020-21/ B dated 10-12-2021 - 2021 (12) TMI 609 - AUTHORITY FOR ADVANCE RULING, MAHARASHTRA wherein it is discussed in detail about the provisions.
Discussion Forum - Knowledge Sharing .....

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